Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, July 12, 1995 TAG: 9507120046
SECTION: VIRGINIA PAGE: B-4 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Harold E. Clarke, 68, pleaded no contest to the misdemeanor charge. As part of an agreement reached in Roanoke Circuit Court, he received a 12-month suspended jail sentence and was ordered to undergo counseling while on probation.
Clarke was fired from his job at Avante at Roanoke Health Care Center as a result of the incident, according to Gerald Colston, the home's executive director.
The female victim in the case suffers from Alzheimer's disease and has not been able to adequately explain what happened to her, Assistant Commonwealth's Attorney Gerald Teaster said.
After discussing the plea agreement with the woman's family and state officials, ``everyone thinks this was in the best interest of both the victim and the community,'' Teaster said.
Clarke was charged in March after two Avante employees saw him touch the woman's breasts through her clothing in a day area of the home on King George Avenue Southwest, Teaster said.
After hearing Teaster's summary of the evidence, Judge Diane Strickland convicted Clarke and placed him on probation for one year.
Clarke, who leaned forward in his chair as he struggled to hear what was being said in court, did not testify.
But his attorney, Assistant Public Defender Jackie Talevi, said Clarke ``feels absolutely awful about what happened.'' Clarke does not have a prior record, Talevi said, and ``there's no indication that he is a future threat to the community.''
Still, he is willing to undergo counseling because ``he doesn't want this to happen again,'' Talevi said.
Two years ago, a state investigation at Avante turned up dozens of violations of federal long-term care health requirements and Virginia nursing home regulations.
Violations included failing to uphold the dignity of residents, problems such as malfunctioning call buttons and air-conditioners, and pest infestation at the 141-bed facility.
Several months later, state officials said many of those problems had been corrected.
by CNB